Showing 1 - 8 of 8
Constitutional pluralism divides opinion. What makes it attractive to some in a globally connected world also accounts … for the scepticism of others. Its allure lies in its ambition to square two ideas – ‘constitutionalism’ and ‘pluralism …, with the state as its key unit of analysis. As for pluralism, whether a ‘first order’ pluralism of social constituencies …
Persistent link: https://www.econbiz.de/10008611205
Constitutionalism beyond the state is a deeply contested project. The emergence of global governance and global laws that directly affect individuals and regulate the conduct of states toward their own citizens raise questions about the basic hierarchy of authority among states, regional bodies...
Persistent link: https://www.econbiz.de/10008645015
This working paper offers a reconstruction and critical analysis of Joerges’ conflicts theory of European Union law. It is claimed that the theory of European conflicts is structured around three key premises: first, that there are functional and normative reasons to transcend the autarchic...
Persistent link: https://www.econbiz.de/10008855325
This paper is about a counterfactual empirical assumption: If the Laeken convention had been elected, we would have had a more democratic as well as a more legitimate process of European constitution making. Electing conventioneers and re-opening the convention is probably a successful way to...
Persistent link: https://www.econbiz.de/10005040501
In this article, I outline an analytical framework allowing for an assessment of the democratic legitimacy of the decision-making system of the EU’s second pillar with reference to five criteria. The criteria are developed on the basis of a discourse-theoretical reading of a deliberative...
Persistent link: https://www.econbiz.de/10005040519
In this paper we critically reassess the standard account of political representation, in order to question the mythical foundation of its premises and explain why it can no longer serve as an adequate explanatory framework in the modern political context. We argue that representation was not...
Persistent link: https://www.econbiz.de/10005040530
This paper argues that indicators of democratic performance should in the first instance be selected for their normative defensibility, rather than their empirical measurability. Yet democratic theory is a hard task-master in setting conditions for the normative derivation of indicators. It at...
Persistent link: https://www.econbiz.de/10005040540
In the literature on European and global governance there is a trend to conceptualize ‘public accountability’ as … accountability to national executives, to peers, to markets, to ombudsmen, or to courts. While the empirical analysis of multiple … accountability relations within governance networks has its merits the creeping re-conceptualization of ‘public accountability’ as an …
Persistent link: https://www.econbiz.de/10005040543